Trans 100.10(14) (14) Appeals of decisions under this section shall be made in accordance with s. 344.03, Stats.

Trans 100.10 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (1) and (2), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05; CR 10-070: am. (10) Register November 2010 No. 659, eff. 12-1-10.

Trans 100.11 Trans 100.11 Notice of subrogation.

Trans 100.11(1) (1) An insurer may file a notice of subrogation with the department at any time.

Trans 100.11(2) (2) Acceptable notice of subrogation is any of the following:

Trans 100.11(2)(a) (a) A copy of a subrogation receipt signed by the insured.

Trans 100.11(2)(b) (b) Proof of payment made as follows:

Trans 100.11(2)(b)1. 1. A copy of the insurer’s cancelled check endorsed by the insured or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility.

Trans 100.11(2)(b)2. 2. If a copy of the endorsement is not readily available, a written certification of the insurer that payment was accepted by the payee named on the check.

Trans 100.11(2)(b)3. 3. If a copy of the check is not readily available, an insurer may submit a copy of a corporate payment record together with a certification that the payment was accepted by the insured party or a third party that provided services to the insured for damages resulting from the accident, such as an automobile repair facility.

Trans 100.11(3) (3) If a person deposits security with the department, the department shall provide notice of the filing to any person that has filed a notice of subrogation with the department at the address set forth in the subrogation notice or, if the subrogee is an insurer, at the address on file with the department for correspondence with the insurer.

Trans 100.11(4) (4) Disposition of any deposited security shall be made in accordance with s. Trans 100.08 and s. 344.20, Stats.

Trans 100.11(5) (5) Releases and installment agreements filed after the filing of a subrogation notice with the department will not have any effect unless each subrogated party and insured has joined in or filed a release or installment agreement.

Trans 100.11(6) (6) Releases or installment agreements received before notice of subrogation is received and filed by the department will not be affected by the filing of the subrogation notice.

Trans 100.11 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am., Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: r. and recr. Register October 2005 No. 598, eff. 11-1-05.

Trans 100.12 Trans 100.12 Release of liability.

Trans 100.12(1) (1) Effect of release. The department may not suspend the operating privilege of an operator or motor vehicle registrations of a vehicle owner under s. 344.14, Stats., if that person has been released from liability by all persons on whose behalf a security deposit has been required by the department under s. Trans 100.07 or s. 344.13, Stats., and all persons who have filed subrogation notices with the department for such claims.

Trans 100.12 Note Note: See ss. 344.14 (2) (h) and 344.18 (1) (b), Stats.

Trans 100.12(2) (2) Validity of release. A release shall be considered valid under ss. 344.14 (2) (h) and 344.18 (1) (b), Stats., if it meets all of the following criteria:

Trans 100.12(2)(a) (a) Written release required. A release shall be made in writing.

Trans 100.12(2)(b) (b) Consideration required. A release shall state that it is made for consideration, such as an exchange of money or something that has money value.

Trans 100.12 Note Note: Forms MV 3039—Minors Release, and MV 3041—Release of Liability.

Trans 100.12(2)(c) (c) Competent approval.

Trans 100.12(2)(c)1. 1. ‘Injured parties.’ If a party sustains property damage or personal injuries, the release shall include the witnessed or notarized signature of each subrogated party and the witnessed or notarized signature of the injured party, except as provided in subds. 2. to 4.

Trans 100.12(2)(c)2. 2. ‘Minors with claims $5,000 or less.’ If an injured party is less than 18 years old and the amount of deposit required by the department under s. 344.13, Stats., does not exceed $5,000, the witnessed or notarized signature of that injured party’s parent or legal guardian, and if any personal injury to the injured party occurred, a doctor’s certification that the injury is not permanent is required.

Trans 100.12 Note Note: See s. 344.14 (2) (h), Stats.

Trans 100.12(2)(c)3. 3. ‘Minors with claims exceeding $5,000, or permanent injuries.’ If an injured party is less than 18 years old and either a doctor certifies that the injury is permanent or the amount of deposit required by the department under s. 344.13, Stats., exceeds $5,000, a witnessed or notarized legal guardian’s signature in his or her capacity as guardian is required, together with a court order authorizing the guardian for the injured party to execute the release.

Trans 100.12 Note Note: ss. 807.10, 344.14 (2) (h) and 344.18 (1) (b), Stats. Parents are not “legal guardians” unless appointed by a court.

Trans 100.12(2)(c)4. 4. ‘Incompetents.’ If an injured party is incompetent, a witnessed or notarized guardian’s signature in his or her representative capacity is required together with a court order authorizing the guardian to execute the release.